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MADISON — Attorney General J.B. Van Hollen has announced that his office has obtained a judgment against Marquis Energy-Wisconsin, LLC, requiring payment of $125,000 in forfeitures, court costs, and surcharges for violations of Wisconsin’s air pollution control laws at a Necedah facility.

Wisconsin facilities that have the potential to emit elevated levels of air contaminants may be required to obtain an air pollution control permit from the Wisconsin Department of Natural Resources (DNR). Air pollution control regulations and permits minimize emissions by requiring pollution control equipment, preventative maintenance, and abatement plans to reduce accidental releases. The Necedah facility is classified as a "major source" under Wisconsin's air pollution control laws because the greenhouse gas potential to emit is greater than 100,000.00 tons per year of carbon dioxide equivalence.

According to the complaint, filed at the request of the DNR, Marquis, who purchased the facility from another owner on July 1, 2010, failed to obtain air pollutant source construction permits until November 22, 2010, 144 days after it took control of the facility. Marquis violated emission limits and other air pollution control requirements at the facility, including:

exceeding the maximum production limit in its permit for six months and;

the requirement that Marquis operate within approved temperature range for 43 days.

Under the terms of the settlement agreement, Marquis will pay penalties, fees, and costs totaling $125,000 for the violations. Marquis cooperated with the DNR and the Department of Justice, and has brought the facility into compliance.

“The Department of Justice will continue to work with the Department of Natural Resources to ensure that Wisconsin’s air pollution control laws are enforced fairly and consistently,” Attorney General Van Hollen said.

Assistant Attorney General Mary Batt represents the state in this matter. The settlement was approved by Juneau County Circuit Court Judge Paul S. Curran.

Copies of the Summons and Complaint, Stipulation and Order for Judgment, and Judgment are available here.

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